The Senate Foreign Relations Committee is holding a hearing Wednesday morning at 9:30 a.m. on "Using Force: Strategic, Political, and Legal Considerations." The committee will hear testimony from the following witnesses:
Deputy Attorney General Rod Rosenstein is testifying Wednesday morning at 10 a.m before the House Judiciary Committee.
The reelection of International Court of Justice Judge Dalveer Bhandari may give international regimes a stronger foothold in years to come.
Flynn’s actions on behalf of companies persuading Middle Eastern countries and the Chinese need a thorough investigation to ensure that his advocacy did not, and is not, undermining U.S. national security.
The president's attacks on the FBI aren't working.
Saria Samakie has a story unlike those of most of his peers at Georgetown. After being kidnapped three times in Syria, Samakie managed to flee the war-ravaged country and eventually arrived in the United States. Arne Duncan, a Brookings nonresident senior fellow and former secretary of education, recently interviewed Samakie to describe growing up in Syria, the harrowing experience of being a teenager under Assad’s regime, and what he envisions for his future—and his country’s.
The U.S. Attorney for the Southern District of New York has charged Akayed Ullah, the suspect in Monday's attempted suicide attack in New York, on five counts. They are:
The National Security Law Podcast: Around the Horn With Interrogation, Detention, Prosecution, and Targeting
In this week’s episode, Professors Steve Vladeck and Bobby Chesney pick up the thread on a handful of familiar issues and introduce a few new ones as well.
President Donald Trump has signed the National Defense Authorization Act for fiscal year 2018. Read the conference report here and Lawfare's previous coverage highlighting parts of the bill here. The president's signining statement is below:
The U.S. Attorney’s office for the Southern District of New York brought five federal terrorism charges against Akayed Ullah, the suspect in Monday’s attempted suicide bombing in New York. The charges are one count of providing material support and resources to a designated foreign terrorist organization, one count of the use of a weapon of mass destruction, one count of bombing a place of public use, one count of destruction of property by means of fire or explosive, and one count of use of a destructive device during and in the furtherance of a violent crime.
How the Constitution’s negative limitations on Congress’s powers and positive vestings of power in the president both limit the scope of what can constitute “high Crimes and Misdemeanors.”
Summary and analysis of the Fourth Circuit oral argument in International Refugee Assistance Project v. Trump.
Confidence in Special Counsel Robert Mueller's investigation continues to shift post-indictment.
The White House Press Office has released the following letter, dated Dec. 11, 2017, informing Congress of current military operations consistent with the 2001 and 2002 authorizations for the use of military force.
In the case of the U.S.-citizen detainee that the military is holding in Iraq, the government can transfer or free the detainee, or it can let him access to counsel and file a case challenging his detention. But it cannot refuse to honor the systems that guarantee judicial oversight of an American citizen's detention.
If ACLU v. Mattis eventually reaches the underlying merits, the court will need to wrestle with the historical backdrop that informed ratification of the Suspension Clause and its operation through much of American history along with difficult questions going to the extraterritorial application of the United States Constitution.
Updates from the Military Commissions, 11/17: Attorney-Client Confidentiality and the Duty to Withdraw
The military commission in United States v. al-Nashiri receives testimony from a witness on the ethics of the defense team’s withdrawal.
The judiciary has sought to constrain the executive branch’s civil detention authority under immigration authorities when seeking criminal prosecution of illegal immigrants.
The charge sheet in United States v. Encep Nurjaman, Mohammed Nazir bin Lep, and Mohammed Farik bin Amin.